Posted At PharmaLive

BY : Clay Robison

Attorney General George Chanos released an opinion today concluding that Nevada law prohibits the importation of prescription drugs from Canada unless such prescription drugs have been approved by the Federal Food and Drug Administration.

The Attorney General's Office drafted the opinion in response to a legal opinion request from Larry L. Pinson, Executive Secretary to the Nevada State Board of Pharmacy.

The opinion analyzes Senate Bill 5, enacted in a special session of the 2005 legislature, which was intended to authorize the licensing of certain Canadian pharmacies to provide only "FDA approved" prescription drugs by mail to Nevada residents.

Attorney General Chanos stated, "Unfortunately, the prohibition contained in S.B. 5, which prohibits the importation of prescription drugs that have not received 'FDA approval' means that few, if any, drugs sold from Canadian pharmacies can be legally imported into Nevada."

Canada has its own governmental agency that approves prescription drugs. However, in enacting S.B. 5, the Nevada Legislature determined that the only prescription drugs that could be made available to Nevada's residents are "FDA approved" prescription drugs.

The opinion quotes portions of the legislative record from a Senate Commerce and Labor Committee work session, in which Senator Joe Heck, a member of the committee stated, "an FDA approved drug is not a drug the FDA has approved in general that is now made by someone else. It has to be the specific drug approved by the FDA, which includes where it was made, how it was made and how it was stored ... Approval by the FDA means that the manufacturing process, the formulation and the pedigree have been ensured by the FDA."

"Our office is charged with interpreting the law accurately. We cannot interpret the law in a manner which is contrary to its plain meaning or contrary to the clearly expressed legislative intent of those who enacted the legislation," said Attorney General Chanos.

The opinion also points out that early drafts of the bill would have allowed the importation of drugs that had been approved by either the FDA or "the Canadian governmental agency responsible for approving prescription drugs."

Chanos said, "The legislature deleted language that would have allowed the importation of drugs approved by the Canadian governmental agency responsible for approving prescription drugs. The legislative record reveals that this was an intentional deletion recommended and approved by Senator Joe Heck and Assemblywoman Barbara Buckley, two of the bill's main supporters. If this language had remained in the bill, FDA approval would not have been a requirement of S.B. 5."

Chanos said "It is a national disgrace that Americans should even need to consider going to Canada for their prescription drugs. This country can and should do better. If the legislature elects to revisit this issue, we would welcome the opportunity to work with the legislature to ensure the passage of workable legislation which would facilitate the importation of safe and affordable prescription drugs from Canada."